Rule Nisi in Bangladesh: How a Writ Rule Is Issued, Opposed and Decided in 2026

Rule nisi in Bangladesh: the 2026 procedure

A Rule Nisi in Bangladesh is the order that turns a writ petition into a live case. When a Division Bench of the High Court Division is satisfied, at the first hearing, that a petition raises an arguable case, it issues a Rule calling on the respondents to show cause why the relief sought should not be granted. Until then there is only a petition; after it, there is a contested proceeding with a return date, service requirements, interim orders and, eventually, a judgment making the Rule absolute or discharging it.

This guide explains each stage as it works in 2026: filing and the motion hearing, the wording of the Rule, stay and other interim orders, service and requisites, the affidavit-in-opposition, the final hearing and its possible outcomes, and what follows in the Appellate Division. It draws on the High Court Division Rules and on recent judgments, and closes with the practice points that most often decide whether a Rule protects a client or quietly lapses.

Summary: A Rule Nisi is the High Court Division's order, issued at the motion stage of a writ petition, calling on the respondents to show cause within a stated time why the impugned act should not be declared unlawful or why a direction should not issue. It is often accompanied by a stay or other interim order. The respondents answer by affidavit-in-opposition, and after hearing the court makes the Rule absolute, discharges it, or disposes of it with directions.

Key point: Issuing a Rule is not a finding in your favour, and an interim order is only as good as its expiry date. Put in requisites within three working days, diarise every return and extension date, and press for a hearing; Rules that are not prosecuted are discharged and their stays vacated.

At a glance

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Table of Contents

What a Rule Nisi in Bangladesh is

The Rule Nisi in Bangladesh has its roots in the English prerogative writs. A rule nisi was issued in the first instance calling on the party to whom the writ was addressed to show cause why it should not comply; if sufficient cause was shown the rule was discharged, and otherwise it was made absolute and the party was bound to obey.[3] "Nisi" means "unless": the order takes effect unless cause is shown.

Today the High Court Division Rules give the Rule Nisi in Bangladesh a precise procedural meaning. Under Chapter IVA, when a Motion Bench decides to accept an application for adjudication, it passes an order issuing a notice calling on the respondents to show cause on the matters, and within the period, specified in the order. An order passed on a writ petition under that rule "may be called a Rule Nisi"; in other cases, such as civil revisions, the order is called a Rule. Every such order must state the date for return of service and direct the petitioner to put in requisites within a specified time.[2]

Why the Rule matters

The Rule frames the case. Relief that is not within the terms of the Rule is difficult to obtain at the final hearing, and the respondents are entitled to answer only the case the Rule puts to them. Drafting the prayer in the petition, which the bench will usually adopt, is therefore one of the most important steps in writ practice. For the overall process, see our guide to the writ petition in Bangladesh.

From filing to the motion hearing

The petition and affidavit

A writ petition must be supported by an affidavit sworn by the petitioner or, with the court's permission, by a representative authorised in writing, and the affidavit forms part of the petition. The petition must be mentioned before an appropriate bench within 30 days after the affidavit is sworn; after that the affidavit's validity for hearing expires. Where the petitioner challenges an act or proceeding, the original document or its certified copy should accompany the petition, and a legible attested photocopy may be used only with the court's leave where no certified copy is available.[2]

Filing and mentioning

The writ section examines the petition, records it with a number and year, sends it for swearing and gives the filing advocate a slip so the matter can be mentioned before the bench with jurisdiction. Petitions not reached on the day are carried forward as "In Re" items.[2]

Rule issued or petition rejected

At the motion hearing the bench either issues a Rule Nisi or declines to do so, and where it declines, whether on merit or because the application is not pressed, the order is recorded.[2] The consequences of rejection are significant. A petition, once moved, cannot be taken back except for lack of jurisdiction of the bench, and if it is summarily rejected on merit or as not pressed, a fresh petition on the same ground cannot be filed; a new petition on a different ground must refer expressly to the earlier rejection.[2]

Rejection at the threshold is common where the court considers that a statutory appeal is the proper route. On 26 February 2025, for example, a Division Bench rejected a writ petition by British American Tobacco Bangladesh against a VAT and duty demand without issuing a Rule, holding that the appeal under the VAT and Supplementary Duty Act 2012 was an equally efficacious remedy.[9] Our guide to the alternative remedy bar in writ petitions explains the test.

Conditional Rules and the risk of costs

A bench in doubt about maintainability may still issue a Rule on terms. In Writ Petition No 8750 of 2023, a borrower's challenge to interlocutory orders of an Artha Rin Adalat, the court issued a Rule on 17 July 2023, returnable within ten days, on condition that if the petitioner failed to satisfy it on maintainability at the hearing he would not prosecute the petition, failing which exemplary costs of Tk 10 lakh would follow. On 31 January 2024 both connected Rules were discharged with costs of Tk 10 lakh.[12] A Rule obtained on such terms is a warning, not a victory.

What the Rule says

A typical Rule Nisi in Bangladesh tracks the prayer in the petition. In Writ Petition No 7220 of 2023, the Rule called on the respondents to show cause why an eviction memo issued by the Administrator of Waqfs "should not be declared to have been made without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper".[6] Mandamus-type Rules ask why the respondents should not be directed to perform a duty, and inaction Rules ask why a failure to act should not be declared unlawful.

Directions issued with the Rule

The bench may give directions at the same time. In Writ Petition No 10567 of 2024, the court directed the relevant respondent to dispose of the petitioners' representations within 15 days of receiving the order.[5] In Writ Petition No 13635 of 2024, a heirship dispute, the court directed DNA testing within four weeks under the DNA Act 2014 when it issued the Rule, and the report was later placed before the court.[4] Directions of this kind can move a dispute forward long before the final hearing, but they do not decide it: in the heirship case the Rule was ultimately discharged on 3 August 2026 because paternity and succession were disputed questions of fact for the civil court.[4]

Interim orders: stays, status quo and directions

For many clients the interim order that accompanies a Rule Nisi in Bangladesh is the real prize. A stay of the impugned order, a status quo direction or an order restraining coercive steps may issue with the Rule, on the petitioner's prayer. Interim orders are usually granted for a limited period and must be extended. In the litigation behind Writ Petition No 10567 of 2024, the court recorded that a stay granted with an earlier Rule had been "extended from time to time" and, on 10 October 2023, for one year, before the earlier petition was discharged and the stay vacated.[5] See our guides to stay orders in Bangladesh and interim remedies.

Constitutional limits on interim orders

Article 102 itself restricts interim relief. Under clause (3), the court has no power to pass any interim or other order in relation to a law to which Article 47 applies. Under clause (4), where an interim order is sought on an application under Article 102(1) or 102(2)(a) and is likely to prejudice a development programme or development work, or to be otherwise harmful to the public interest, the court must not make it unless the Attorney-General has had reasonable notice and an opportunity to be heard, and the court is satisfied that the order would not have that effect.[1] Petitions touching infrastructure, public procurement or revenue should be served on the Attorney-General's office in advance for this reason.

Why stays attract scrutiny

Interim orders in writ petitions have real economic effects. Bangladesh Bank's Financial Stability Report 2025, reported by The Daily Star on 28 July 2026, put bank loans under court stay orders at Tk 182,419 crore at the end of 2025, up from Tk 21,226 crore at the end of 2022, with stay cases rising from 226 to 845; bankers described stays on credit reports and collateral auctions delaying recovery by three to four years.[8] Benches are increasingly alert to stays sought for delay rather than protection, and a petitioner should expect to justify the balance of convenience in concrete terms.

Service and requisites

A Rule Nisi in Bangladesh is only effective once served. The Rules require the fee for service of a Rule Nisi to be paid within three working days of issue unless the court directs otherwise, and the petitioner must file legible true copies of the entire petition, with all annexures in writ matters, for each respondent, together with notices and prepaid registered acknowledgement-due envelopes for service by post alongside normal service.[2]

Until those requisites are filed, no copy of the order containing the Rule, and no consequential order such as a stay or status quo, may be issued or communicated to any court or person.[2] In other words, a stay that is not followed by requisites is a stay nobody can rely on. If requisites are not put in, the writ section must place the record before the bench within one week after the time expires. In writ matters the court may dispense with any mode of service.[2]

After the return date, the section places the matter in the cause list of the bench that issued the Rule or the appropriate bench, and within 15 days records a note on service for the bench's order.[2]

Answering a Rule Nisi in Bangladesh: the affidavit-in-opposition

Respondents show cause by affidavit. Any party opposing a Rule Nisi who wishes to place facts before the court that are not contained in or admitted by the petition must do so by an affidavit setting out, in narrative form, the material facts relied on.[2] The petitioner may answer with an affidavit-in-reply, and either side may seek leave to file supplementary affidavits as facts develop. No affidavit is ordinarily read at the hearing unless a copy was served on the other side or its advocate 24 hours before.[2]

A respondent's checklist

Respondents should treat the Rule Nisi in Bangladesh as a deadline, not a formality. Collect the full record of the impugned decision immediately, including notes of any hearing, notices served and the statutory power relied on, because the court will judge lawfulness on the documents. Raise threshold objections, such as standing, delay, an available statutory appeal or a disputed question of fact, in the affidavit-in-opposition itself rather than only in argument. Where a stay is causing real harm, apply to vacate or vary it with evidence of that harm rather than waiting for the final hearing. Government respondents should coordinate early with the Attorney-General's office so that the affidavit is sworn by an officer with personal knowledge of the file.

Third parties whose interests are affected may apply to be added as respondents or to intervene. In the Fifteenth Amendment petitions heard in late 2024, more than a dozen interveners were represented, and the Division Bench heard the matter over eleven days before delivering judgment on 17 December 2024.[7]

The hearing and its outcomes

At the final hearing the court decides whether cause has been shown. The possible outcomes of a Rule Nisi in Bangladesh are well settled.

When a Rule is discharged, any interim order falls with it: in Writ Petition No 7220 of 2023 the court discharged the Rule on 2 December 2025 and stated that "the order of stay granted earlier stands vacated".[6] Rules that are not prosecuted meet the same end. On 13 August 2025 the High Court Division discharged as infructuous a Rule issued in 1999 in a bank's writ against an Artha Rin Adalat order, after no one appeared to press it, and vacated the stay.[10] Our guide to delay in filing writ petition cases covers delay both before and after filing.

Timelines: what to expect

There is no fixed timetable for a Rule. The motion hearing can happen within days of filing in urgent matters. Service and return usually take weeks. The time to final hearing then depends on the bench's list, the complexity of the case and the parties' diligence: in the cases discussed above, a heirship petition filed in 2024 was decided in August 2026, a waqf petition filed in 2023 in December 2025, and a 1999 Rule was swept up as infructuous in 2025.[4] [6] [10] Clients should plan for interim orders being extended several times and for a hearing that has to be actively pursued.

After judgment: the Appellate Division

A party aggrieved by the High Court Division's judgment on the Rule may file a civil petition for leave to appeal in the Appellate Division, and may ask the Chamber Judge to stay the judgment meanwhile. In October 2026, for example, after the High Court Division dismissed Grameen Kalyan's writ petitions on a tax claim and withdrew its earlier stay, the Chamber Judge stayed the part of the judgment requiring prompt payment pending the leave petition, and fixed the hearing for December.[11] The Appellate Division can also reverse a Rule made absolute on maintainability grounds alone, so a petitioner who wins should prepare for that argument.

Practice tips: managing a Rule from motion to judgment

The sequence below reflects how we manage a Rule Nisi in Bangladesh for petitioners and respondents.

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Stages at a glance

The table summarises the main stages and their key time points. On a phone, scroll it sideways.

Common mistakes to avoid

• A vague prayer: the Rule follows the prayer, so relief not prayed for may be lost.
• Late requisites: no copy of the Rule or stay can be communicated until requisites are filed.
• Letting the stay lapse: diarise expiry and apply for extension before, not after, it runs out.
• Forgetting the Attorney-General: interim orders affecting development work or the public interest need notice under Article 102(4).
• A thin affidavit-in-opposition: respondents who do not put facts on affidavit cannot rely on them later.
• Re-filing after rejection: a summarily rejected petition cannot be re-filed on the same ground.
• Not pressing for hearing: unprosecuted Rules are discharged and stays vacated.

A Rule Nisi in Bangladesh gives a petitioner a foothold, not a result. TRW's constitutional and writ litigation team handles motion hearings, interim relief, opposition and final hearings for petitioners and respondents. Contact us in Dhaka to discuss a Rule you need to obtain or answer.

Frequently asked questions

What is a Rule Nisi in a writ petition?

It is the High Court Division's order, issued at the motion stage, calling on the respondents to show cause within a stated period why the relief sought should not be granted. The Rules call such an order in a writ matter a Rule Nisi.[2]

Does issuing a Rule mean the petitioner will win?

No. It means the bench found an arguable case. Many Rules are discharged after hearing, sometimes on maintainability alone.[4] [6]

What does "Rule made absolute" mean?

The respondents failed to show sufficient cause, so the court grants the relief in the Rule, for example declaring the impugned act without lawful authority.[3]

What happens to a stay when a Rule is discharged?

The stay falls with the Rule; judgments discharging Rules routinely state that the earlier stay stands vacated.[6]

How quickly must requisites be filed?

The service fee is payable within three working days of the Rule unless the court directs otherwise, together with copies of the petition and annexures for each respondent.[2]

Can the court refuse an interim order against a development project?

Yes. Under Article 102(4), an interim order likely to prejudice development work or the public interest needs notice to the Attorney-General and a finding that it will not have that effect.[1]

What is an affidavit-in-opposition?

It is the respondents' sworn answer to the Rule, setting out in narrative form the facts on which they rely to show cause.[2]

Can I re-file a writ petition that was rejected at motion?

Not on the same ground. A petition on a new ground must refer expressly to the earlier rejection.[2]

How long does a Rule take to be decided?

There is no fixed period. Simple Rules can be heard within months; complex or unpressed Rules can take years. Active follow-up makes the biggest difference.[10]

Can a High Court judgment on a Rule be stayed?

Yes. The aggrieved party can file a leave petition in the Appellate Division and seek a stay from the Chamber Judge pending hearing.[11]